Durusa warrants that the Equipment will conform to the description and specification set forth in Exhibit “A” and will be free from defects in material and workmanship under normal and proper use and service for a period of 12 months after the date on which Durusa substantially completed installation of the Equipment, or 2,000 hours of Customer’s use of the Equipment, whichever occurs first; provided, however, those items comprising the Equipment with respect to which the original manufacturer extends warranties for shorter periods of time shall be warranted by Durusa hereunder only for the periods warranted by those manufacturers. Durusa will pass through to Customer the extended warranties provided to Durusa by the manufacturers for Reliance electrical motors and controls, Allen Bradley controls, Honeywell controls, Gusher pumps, and Maxon burner items, subject to all limitations and restrictions of the warranties as provided by those manufacturers.
The warranties provided under these Terms and Conditions shall cover all parts of the Equipment, except: (I) expendable components and (II) any of the Equipment or components thereof that Customer modifies or repairs in any manner. Durusa’s sole obligations under this warranty shall be to repair at the Facility or repair or replace at Durusa’s facility the defective Equipment at no charge to customer, provided that Customer has furnished written notice to Durusa within 30 days after the occurrence of any such defect. Durusa may elect to repair or replace the defective Equipment at its facility unless it is not reasonably feasible for Customer to ship the Equipment or defective component. If Durusa and customer mutually agree to the repair or replacement of the defective Equipment at the Durusa facility, the Customer shall pay freight to and from the Durusa facility for the Equipment. All replaced Equipment shall become the property of Durusa. This warranty covers the defective part only. Labor to remove and reinstall the replaced or repaired part is customers responsibly.
This warranty does not cover any Equipment whose unsatisfactory performance is attributable, in whole or in part, to (I) any factor, condition or circumstances (including but not limited to improper maintenance, improper usage by Customer or failure by Customer to follow the operating and maintenance instructions required by operating manuals furnished with the Equipment) other than defective workmanship or materials, or (II) Designs, specifications or data furnished by Customer.
DURUSA WILL NOT BE LIABLE FOR PROPERTY DAMAGE NOR SHALL IT HAVE OBLIGATIONS OR LIABILITIES UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, FROM ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, PRODUCT LOSS AND LOST PROFITS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH.
Further, in the event of return of the Equipment, Durusa shall not be liable for any damages to Customer’s premises caused by removal of the Equipment nor shall Durusa be obligated in any way to restore the same.
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Durusa’s liability hereunder for damages shall not exceed the aggregate amount of the Purchase Price paid here under by Customer to the date the amount of such liability is determined. No action for breach of Durusa’s warranty may be commenced more than one year after the date of the alleged breach.
This warranty is made to the original purchaser and is not transferable.
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